This year’s course examines the legal issues that arise when the United States deploys troops or other military assets overseas, such as our war against terror in the Middle East. We will also look at situations where United States assets are not directly involved but the United States is nonetheless deeply involved such as Russia’s war against Ukraine and the Hamas Israeli war. What are the legal rules that come into play? We will look closely at the law of armed conflict (also referred to as the law of war and the international humanitarian law). How do we judge necessity, distinction, proportionality, humanity? How are the rules the same or different depending on whether we are dealing with another nation such as Russia or Iran or a non-nation state or even a group we may classify as terrorists such as Hamas? How do cyber attacks fit in? How do economic sanctions fit in?

Another major legal area in national security is intelligence. How do we gather intelligence and how are we supposed to act on that intelligence? The questions involve the distribution of power between the branches of government regarding national security. What is the President’s proper role and what role should Congress and the Court’s play? Also, in light of current events, the classification and protection of intelligence will be examined.

One of the key differences between national security issues and traditional criminal law is that national security is about collecting, protecting and acting on intelligence, often from foreign sources, and using that intelligence for everything from advancing our international interests to disrupting improper foreign activities before they occur. Traditional criminal law, on the other hand, is more centered on apprehending and convicting people after a crime occurs. These differences may raise significant civil rights, due process and privacy issues which we also explore.

Additional Information:
Credit Hours: 2
Grading Option: Letter Grade Only
Graduation Writing Requirement: No
Flexible/Upper-Level Writing Requirement: Yes
Skills Requirement: No
Simulation Course: No
Experiential Learning: No
Seminar: Yes
Special Withdrawal Course: No
Limited Enrollment Number: 15
Final Exam Given: No
Paper Or In-Class Presentation: Yes, paper
Attendance Policy: Per Statement Of Student Policies
Teaching Method: In Person

* The law school has a policy that is used to calculate credit hours. Please see the Statement of Student Policies.